Criminal Justice Act 2003, section 112

Interpretation of Chapter 1

Part 11 Evidence

(1)In this Chapter—

  • “bad character” is to be read in accordance with section 98;

  • “criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

  • “defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;

  • “important matter” means a matter of substantial importance in the context of the case as a whole;

  • “misconduct” means the commission of an offence or other reprehensible behaviour;

  • “offence” includes a service offence;

  • “probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with section 109;

  • “prosecution evidence” means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution;

  • [F141 “service offence” has the same meaning as in the Armed Forces Act 2006 ; F141]

  • “written charge” has the same meaning as in section 29 and also includes an information.

(2)Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter (except section 101(3)) has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.

(3)Nothing in this Chapter affects the exclusion of evidence—

(a)under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,

(b)under section 41 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (restriction on evidence or questions about complainant’s sexual history), or

(c)on grounds other than the fact that it is evidence of a person’s bad character.

Definitions used in section 112 2

service offence

and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act ).

Defined in s.327(4F) · see it in the full Act
bad character

References in this Chapter to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which—

(a)has to do with the alleged facts of the offence with which the defendant is charged, or

(b)is evidence of misconduct in connection with the investigation or prosecution of that offence.

Defined in s.98 · see it in the full Act

Cases considering section 112 58

R v YAW

[2025] EWCA Crim 1143 · 16 July 2025Defines

The court endorsed the classification of false complaints as misconduct, because section 112(1) defines misconduct to include the commission of an offence or other reprehensible behaviour. (see para [20])

Michael Hurley v R

[2025] EWCA Crim 642 · 16 May 2025Defines

Defines misconduct for the purposes of non-defendant bad character as the commission of an offence or other reprehensible behaviour. The court treated deliberately false rape complaints as falling within that category. (see para [49(i)])

Fanta & Anor v The Queen

[2021] EWCA Crim 564 · 21 April 2021Defines

The court applied the definition of an important matter as a matter of substantial importance in the context of the case as a whole when assessing the issue between the co-defendants. (see paras [33]-[35]; [59])

38 more judgments, and what each says about section 112, are in the case-law panel in the full Act.

Explanatory note

392.Section 112 defines terms employed in this Part. Subsection (2) makes it clear that where the defendant is charged with two or more offences the provisions of this Part refer to each charge as separate proceedings. This means that bad character evidence that is admissible in relation to one charge in the proceedings is not automatically admissible in relation to another charge in the same proceedings, but must instead meet the provisions of this Chapter to be admissible in respect of that charge. It also means that evidence relevant on one charge is not rendered inadmissible if not also relevant to other charges. However, where the court is looking at whether the evidence should be excluded under section 101(3) then the court is to look at the effect of the admission of the evidence on the fairness of the proceedings as a whole and not just the charges for which the evidence is admissible.

393.Section 112(3) makes it clear that nothing in this Chapter affects the exclusion of evidence on certain other grounds. These are:

  • the rule in section 3 of the Criminal Procedure Act 1865 against a party impeaching the credit of his own witness by general evidence of bad character;

  • section 41 of the Youth Justice and Criminal Evidence Act 1999 which places restrictions on evidence or questions about a complainant’s sexual history;

  • any other power to exclude the evidence, on grounds other than it is evidence of a person’s bad character, for example under section 78 of the Police and Criminal Evidence Act 1984 which provides for the exclusion of unfair evidence, or under the provisions of Chapter 2 of this Part relating to hearsay.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F141S. 112(1): definition of "service offence" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 215; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.

Modifications

  1. C6S. 112(1) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(2)